International arbitrations arising in Brazil: Best practices for identifying and mitigating local and international risks

• Typical international arbitrations arising in connection with Brazil: M&A disputes, infrastructure and construction disputes, energy disputes, contractual disputes, and others.
• Anticipating and mitigating local and international risk: Internal document retention and production policies in light of generally broader discovery obligations in international arbitrations, and consequences of evidence spoliation; Means of obtaining evidence in preparation for international arbitration proceedings: evidence production lawsuits in
Brazil, §1782s and recent U.S. Supreme Court judgment; Developing an international arbitration case with an eye on the recognition and enforcement of a future arbitral
award in multiple jurisdictions with varying legal systems; and International risk management including (i) appointment of an international risk management team; (ii) regular review of international arbitration clauses; (iii) monitoring of judicial review of arbitral awards in different arbitration seats, etc.

Helena Abdo and Carlos Braga, partners in the Litigation, Arbitration and Mediation practices at Cescon Barrieu; James Egerton-Vernon, partner in the Global Disputes practice and Fernando Pastore, associate in Global Disputes & Investigations at Jones Day, Cristina de Freitas Bueno, partner at Cescon Barrieu focusing in the areas of Corporate Law and Governance, Merger and Acquisitions and Private Equity.